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(영문) 광주지방법원순천지원 2020.12.02 2019고정417
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

From April 5, 2019 to August 25, 2019, the Defendant opened and operated a massage room with the trade name of “C”, a male and female escape room, and a toilet, and operated a place for massage treatment with no report, even though he/she is not a person recognized as a marry, the Defendant performed an act of massage for profit by receiving a charge of KRW 150,00 won from KRW 40,00 from KRW 40,000,00 from KRW 42,00,000.

Summary of Evidence

1. The defendant's partial statement of D's witness E's legal statement in court;

1. Application of Acts and subordinate statutes of D;

1. Article 88 of the relevant Act and Articles 88 and 82 (1) of the Medical Service Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant only sent a math for the management of the skin and did not have any act of massage.

2. Under Article 82(1) and Article 88 subparag. 3 of the Medical Service Act of the judgment, the term “marine” should be construed as “absent act to the extent that the body was laid to be laid down by cutting, breaking, cutting, cutting, or breaking the body with hand or with a special device for the purpose of improving the health of the people, or by using various climatic methods, such as massages, safings, safing, cutting, or pressure, etc. of the body, or by using electric appliances or by other climatic methods, such as the use of electric appliances, or by other climatic methods.”

(See Supreme Court Decision 2007Do5531 Decided May 14, 2009, etc.). In light of the above legal principles, the Defendant’s act, based on the health stand in this case and the evidence duly adopted and examined by this court, is an act to the extent that the Defendant’s act, in his/her hand, unfolded land, which was assembled by promoting the blood circulation by means of sama, marbage, such as taking the body in his/her hand, or by pressure.

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